The 1.4-million-cubic-metre lake is in the centre of land owned by local businessman Boonkeng Srisansuchart, who has been busy filling it in, thereby turning it into land that can be developed or simply sold on to others.
Rassada Municipality has filed a case with the Phuket Court, alleging violation of Thailand’s Environment Law, but a police officer close to the case says that according to a different law, the filling-in of the lake may not only be legal but may in fact be mandatory.
Pol Col Sien Kaewthong, Inquiry Official of Phuket Police Station told The Phuket News that it has been established that the land is clearly owned by Mr Boonkeng, and he is filling in his own land – not public land.
“The land initially was a rubber plantation with a title deed, before it became a tin mine. The law on tin mines stipulates that once mining ends, a tin mine must be filled up to the same level as the surrounding ground.”
Section 72 of the 1967 Mineral Act states, For any cavity, hole or funnel that is no longer in used for tin mining, the Mineral Mine Concession Certificate holder has to fulfill it to bring back the same condition as the land was before unless the Mineral Mine Concession Certificate mentioned differently or there is other command from local Mining authorities approved by Director of Department of Primary Industries and Mines.
Col Sien said, “The land is completely private owned. There is no public land or water source involved.
“If the municipality believe that it is illegal to fill up the lake, and the owner keeps filling it now, they are the only people who are authorised to issue an order to stop it.
“If the owner does not stop, there is a penalty,” Col Sien said.
The Phuket News was informed by the municipality’s lawyer that last year, the Municipality twice ordered a halt to the filling of the lake on the grounds that Mr Boonkeng had broken the Land Excavation and Land Filling Act, which requires a permit to be issued if more than 2,000 cubic metres is to be filled.
Mr Boonkeng was first warned to stop, and then fined B15,000 for ignoring the second order.
The Damrongtham Centre is also involved, having received a complaint against Mr Boonkeng from Rassada Municipality, which was also representing people living nearby.
That is the case that has been under consideration by the court since September last year. Meanwhile, the filling continues.
The lake, now about 60 per cent filled, orginally covered around 25 rai. Land in the area around the lake is valued by the Land Office at B4.4 million per rai, but the market price is probably closer to B10 million, or more – the vacant land across from Tesco bypass was offered for sale last year at an asking price of B18 million a rai.
Mr Boonkeng told The Phuket News today that he knows about Rassada Municipality’s accusations against him and about the case filed with the court. He would not comment about what he would do to fight the case.